McAlister v. McAlister, (1982) 41 A.R. 277 (QB)

• Judge: Dea, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 22, 1982
• Citations: (1982), 41 A.R. 277 (QB);1982 CanLII 1234 (AB QB);[1983] 2 WWR 8;23 Alta LR (2d) 141;41 AR 277;[1982] AJ No 686 (QL)

McAlister v. McAlister (1982), 41 A.R. 277 (QB)

MLB headnote and full text

McAlister v. McAlister

Indexed As: McAlister v. McAlister

Alberta Court of Queen's Bench

Judicial District of Calgary

Dea, J.

November 22, 1982.

Summary:

A husband and wife petitioned for divorce from each other, brought an action for division of matrimonial property and an application for petition and sale of the matrimonial home. The divorce was granted on the ground of the husband's adultery. The Alberta Court of Queen's Bench allowed the application for division of marital property and awarded maintenance under the Divorce Act. The main issue was the husband's pension rights, which the court after comprehensive consideration held constituted marital property. The Court directed that the husband hold the wife's interest in the pension plan in trust for payment when the pension benefits became payable.

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Pension - A husband and wife were divorced after 30 years of marriage - The husband had contributed to a municipal pension plan for 25 years and was near the pensionable age of 55; although he intended to work to 65 - The Alberta Court of Queen's Bench comprehensively considered the issue and held that the husband's pension rights constituted marital property subject to distribution - The Court ordered that the husband hold his wife's interest in his pension in trust to be paid to her, when the pension benefits became payable.

Family Law - Topic 888

Husband and wife - Marital property - Distribution orders - Considerations - Evaluation - Time for - The Alberta Court of Queen's Bench held that the time for evaluation of assets for distribution purposes was the date of trial - See paragraphs 94 to 95.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance awards - Periodic payments - A couple were divorced after 30 years of marriage and raising two children. The husband earned $40,000 a year - The wife had part-time employment income of $12,250 - The Alberta Court of Queen's Bench ordered the marital assets to be divided equally and awarded the wife $500 a month maintenance.

Cases Noticed:

Goetjen v. Goetjen (1981), 41 A.R. 269; 23 R.F.L.(2d) 57, refd to. paras. 27, 34, 88].

Tataryn v. Tataryn, 27 R.F.L.(2d) 283, consd. [paras. 34, 70].

Ibister v. Ibister (1981), 11 Man.R.(2d) 353; 22 R.F.L.(2d) 389; reving. in part 9 Man.R.(2d) 440, not folld. [para. 36].

Currie v. Currie (1981), 43 N.S.R.(2d) 446; 81 A.P.R. 446; 21 R.F.L.(2d) 340, not folld. [paras. 54, 82].

Rutherford v. Rutherford, [1981] 6 W.W.R. 485, affing. [1980] 2 W.W.R. 330, consd. [paras. 63, 91].

Zakreski v. Zakreski, [1981] 3 W.W.R. 33; 10 Sask.R. 1, consd. [para. 67].

Ronning v. Ronning, 27 R.F.L.(2d) 1, consd. [para. 70].

St. Germain v. St. Germain, 14 R.F.L.(2d) 186, not folld. [para. 77].

Statutes Noticed:

Local Authorities Pension Act, R.S.A. 1980, c. L-28 [para. 29].

Matrimonial Property Act, R.S.A. 1980, c. M-9, sect. 7 [para. 61].

Counsel:

R.A.F. Mackie, for Anne Doris Mcalister;

Gerald J. Loster, for Kenneth Russell McAlister.

This case was heard at Calgary, Alberta, before DEA, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following judgment on November 22, 1982: